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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Vinit Kumar Mathur, J
SMT. SANGEETA SUWALKA – Appellant
Versus
MAHARSHI DAYANAND SARASWATI UNIVERSITY – Respondent
Order :
1. Heard learned Senior Counsel for the petitioner.
2. Learned Senior Counsel for the petitioner submits that the petitioner appeared in the II year of the LLB examination from the respondent-MDSU University, Ajmer. However, she was declared failed in three subjects, namely Jurisprudence, Law of Crimes & Penal Code and Constitutional Law of India and, therefore, she applied for re-evaluation of her answer sheets/copies. Learned Senior Counsel further submits that on re-evaluation of the answer sheets/copies, the petitioner was declared passed in two subjects namely Law of Crimes & Penal Code and Constitutional Law of India and, therefore, as a result, she appeared in the supplementary examination for the subject of Jurisprudence. He submits that in the supplementary examination for Jurisprudence, the petitioner was again declared failed and, therefore, under the directions of this Court, the petitioner again applied for re- evaluation of the answer-sheets/copies from the supplementary examination of Jurisprudence, wherein, in the re-evaluation of the answer-sheet/copy of supplementary examination for Jurisprudence, she was once again declared failed as she could not secure th
A student who fails in required subjects is not entitled to progress to the final year of study, even under interim orders, unless eligibility criteria are met.
The absence of a provision for re-evaluation in the Rules cannot be challenged unless there are grounds to show that the policy itself is in violation of some statutory provision. Re-evaluation of ex....
The court's decision was based on the principle of mandamus, allowing the petitioner to continue the MBBS course and take the III year examination.
The court allowed the petitioner to submit a representation regarding her exam eligibility, emphasizing rights to due consideration.
A candidate cannot gain admission to higher semester classes without clearing all requisite prior examinations, and obtaining interim relief through suppression of facts is impermissible.
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